Microsoft denied Killer Instinct trademark renewal

The US Patent and Trademark Office has denied Microsoft's renewal application for the Killer Instinct trademark, citing "confusion" with a TV show trademark owned by FOX.

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For years, Microsoft has been hearing cries to rerelease, revamp, or otherwise revitalize the classic arcade fighter Killer Instinct. But in an apparent attempt to renew the trademark, the company has been denied by the US Patent and Trademark Office.

Polygon reports that the USPTO denied Microsoft's request to renew the trademark due to a "likelihood of confusion" with another mark, (no. 3370331). That mark was filed by FOX Television Studios. The USPTO claims the video game from 1996 may cause market confusion with a newer property, a short-lived television show called Killer Instinct from 2005.

Microsoft has six months (from November 29) to respond to the USPTO, or it will be considered to have abandoned the trademark application. We first heard that Microsoft had applied for the renewal in September, but whatever the publisher had planned, it has to find a way around this roadblock before it can proceed.

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  • reply
    December 4, 2012 11:30 AM

    Steve Watts posted a new article, Microsoft denied Killer Instinct trademark renewal.

    The US Patent and Trademark Office has denied Microsoft's renewal application for the Killer Instinct trademark, citing "confusion" with a TV show trademark owned by FOX.

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      December 4, 2012 12:32 PM

      Confusion with a show nobody's ever heard of? >=(

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        December 4, 2012 12:38 PM

        Yup. It's a case of some straight-up bulldookie.

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      December 4, 2012 1:20 PM

      So it doesn't matter if the original game came out before the TV-show? Bleh..

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        December 4, 2012 1:25 PM

        [deleted]

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        December 4, 2012 2:53 PM

        the consumer public is the measuring stick for trademarks. The USPTO reviewer apparently thought that people would assume "Killer Instinct" referred to the TV show and Microsoft making anything with that name will confuse them

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      December 4, 2012 1:28 PM

      Well that ends that revival hope then.

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        December 4, 2012 1:32 PM

        [deleted]

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          December 4, 2012 1:36 PM

          The game hasn't had a sequel in 16 years, other than us old folks, the brand name has exactly 0 weight. They could literally call it "Death Assassins Brawl 2013" and it would probably sell ok.

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          December 4, 2012 2:13 PM

          [deleted]

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            December 4, 2012 2:54 PM

            just rename the girls to mongo-tits A, B, and C

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            December 4, 2012 3:08 PM

            I'm afraid you misspelled Fulgore, because he is the boss at comboing in m-m-m-monster fashion.

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            December 4, 2012 6:49 PM

            they should just call it CCCCOOOOMBO BREAKER!

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            December 5, 2012 4:49 AM

            Combo was the most underrated, crap character design but he was pretty boss anyway, tight fast combos without getting into the fruity 40 hit shit like Orchid (that was fun too, but harder to pull off without copping ye old C-C-C-COMBO BREAKER!

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            December 5, 2012 7:59 AM

            Well, technically he did have his own games...

            http://en.wikipedia.org/wiki/Sabre_Wulf

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        December 4, 2012 1:52 PM

        Jesus, somebody really bothered to make that, then of all things slapped a Wii U logo on it?

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      December 4, 2012 3:24 PM

      What the fuck. That's retarded

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      December 4, 2012 5:15 PM

      The KI lore wasn't all that great anyways. Vast majority of people loved KI solely for its mechanics. There's nothing stopping Rare or anyone else from making a new IP with a similar idea in mechanics and start over with a solid setting.

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      December 4, 2012 6:24 PM

      so much for that

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      December 4, 2012 6:30 PM

      [deleted]

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      December 5, 2012 4:24 AM

      [deleted]

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      December 5, 2012 4:43 AM

      K. I. L. L. E. R. I. N. S. T. I. N. C. T. coming next fall!

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      December 5, 2012 5:23 AM

      Call it Killer Instinkt.

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        December 5, 2012 5:27 AM

        Because KI2 really fucking sucked, am i right here, fellas

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      December 5, 2012 7:31 PM

      Killer Insect is plan B.

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